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Home My WebLink AboutContract 39248 CONTRACT NO CONTRACT FOR HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM SERVICES THIS contract ("Contract") is made and entered into by and between the City of Fort Worth ("City"), whose address is 1000 Throckmorton St., Fort Worth, Texas 76102, acting by and through T. M. Higgins, its duly authorized Assistant City Manager, and Cornerstone Assistance Network ("Contractor"), whose address is 3500 Noble Ave, Fort Worth, Texas, 76111, acting by and through Roddy Youree its duly authorized Chief Operating Officer (Sometimes City and Contractor are referred to individually as a "Party" and collectively as the "Parties".) WHEREAS, City has received grant monies from the United States Department of Housing and Urban Development ("HUD") from the Homelessness Prevention Fund, hereinafter referred to as the "Homelessness Prevention and Rapid Re-Housing Program ("HPRP")", under Title XII of the American Recovery and Reinvestment Act of 2009 ("Recovery Act"); WHEREAS, Congress intends that the purpose of the HPRP is to target and prioritize households that are most in need of temporary assistance and are most likely to achieve stable housing by providing financial assistance and services to either prevent individuals and families from becoming homeless or help those who are experiencing homelessness to be quickly re- housed and stabilized; WHEREAS, on May 18, 2009 City put out a request for proposals for HPRP-eligible programs within the City of Fort Worth; WHEREAS, the City's Community Development Council ("CDC") evaluated responses to City's request for proposals for HPRP-eligible programs, and made recommendations to the City Council for the award of contracts based on the responses to the request for proposals; WHEREAS, the City Council held public hearings relating to the award of contracts for the HPRP on August 11, 2009 and August 18, 2009; and WHEREAS, City citizens, the CDC, and the City Council have determined that HPRP services are needed by certain of the City's low and moderate-income citizens. NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: THAT, the Parties covenant and agree as follows: 1. Scope of Services a. Contractor will administer Rapid Re-Housing services to citizens of the City of Fort Worth ("Program"), for the term September 1, 2009 to August 31, 2011. b. Contractor will be responsible for administering Prevention services in a manner satisfactory to City and consistent with any standards required as a condition of providing the HPRP funds (as hereinafter defined), including those conditions set forth in the HPRP CONTRACT 9.2 t v 9 Cornerstone Assistance Network — _ k attached Exhibit A-Scope of Services and Exhibit B-Program Requirements. Contractor shall participate in HPRP training provided by City. c. The activities performed by Contractor under this Contract shall be one or more of the following eligible activities under the HPRP program (referred to herein as "Eligible Activity" or "Eligible Activities"): financial assistance, housing relocation and stabilization services, data collection and evaluation, and/or administrative costs. d. Contractor agrees to perform Eligible Activities benefiting homeless persons, or persons at risk of becoming homeless. e. Contractor shall utilize City's intake requirements for Program participants and shall comply with the City of Fort Worth's HPRP Technical Assistance Handbook, a copy of which Contractor certifies it has received. Contractor shall ensure that there is a clear documented process utilizing City's intake requirements for determining the type, level and duration of assistance for each Program participant. Contractor shall require that all Program participants receiving assistance under this Contract are within households that are (1) at or below fifty percent (50%) of Area Median Income (AMI) as defined by HUD; (2) either homeless or at risk of losing its housing, and meet both of the following requirements: (a) no appropriate subsequent housing options have been identified and(b) the household lacks the financial resources and support networks needed to obtain immediate housing or remain in its existing housing. Specifically, Contractor will provide the services and activities as set forth in accordance with Exhibit C-Program Services Schedule. f. Contractor shall maintain full documentation supporting fulfillment of all Eligible Activities performed under this Contract in its files. All such documentation shall be furnished to City upon request if necessary for City to fulfill its obligations under its Federal grant. If this documentation is not maintained and furnished to City on request, City may exercise all remedies available under this Contract, including the right to withhold payment to Contractor on this Contract or any other contract with Contractor, or terminate this Contract as described herein. g. City will monitor and evaluate Contractor's performance using the goals and performance standards required in this Contract. Substandard performance as determined by City monitoring will constitute non-compliance with this Contract. If action to correct such substandard performance is not taken by Contractor within a reasonable period of time after being notified in writing by City, procedures to suspend or terminate the Contract will be initiated. h. Contractor agrees to take reasonable steps to ensure meaningful access to the Program and associated activities by limited English proficient persons, pursuant to Title VI of the Civil Rights Act of 1964. In addition, all notices and communications regarding the Program shall be provided in a manner that is effective for persons with hearing, visual, and other communication-related disabilities, consistent with section 504 of the Rehabilitation Act of 1973 and implementing regulations at 24 CFR 8.6. i. Certain activities are expressly prohibited to be funded under this Contract, including but not limited to mortgage costs; costs needed by homeowners to assist with any fees, taxes, or other costs of refinancing a mortgage; construction or rehabilitation; credit card bills or other consumer debt; car repair or other transportation costs; travel costs food; medical or dental care and medicines; clothing and grooming; home furnishings; pet care; entertainment activities; work or education related materials; cash assistance; discharge HPRP CONTRACT Rev.09.22.09 Comerstone Assistance Network Page 2 planning programs in mainstream institutions such as hospitals, jails or prisons; certifications, licenses and general training classes for case managers and Program administrators. j. Contractor may terminate assistance to a Program participant who violates Program requirements. Contractor may resume assistance to a Program participant whose assistance was previously terminated. In terminating assistance to a Program participant, Contractor must provide a formal process that recognizes the rights of individuals receiving assistance to due process of law. The process, at a minimum, must consist of the following: (1) Written notice to the Program participant containing a clear statement of the reasons for termination; (2) A review of the decision, in which the Program participant is given the opportunity to present written or oral objections before a person other than the person (or a subordinate of that person) who made or approved the termination decision; and (3) Prompt written notice of the final decision to the Program participant. Contractor must retain, and provide to City, discharge documentation pertaining to the process and to the termination of any Program participant, if any, from the Program. At a minimum, Contractor shall ensure the documentation relating to each step of the termination process of a Program participant is retained. 2. Compensation and Method of Payment a. City will disburse HPRP funds ("HPRP Funds") in an amount up to « ONE HUNDRED NINETY ONE THOUSAND, FIVE HUNDRED TEN AND 75/100 DOLLARS ($191,510.75)» to Contractor on a reimbursement of expenses basis. Contractor is acting as a subrecipient for the purposes of this contract in carrying out the eligible activities as set fort in Exhibit A-Scope of Services. b. Payment will be processed by City following receipt from Contractor of the following monthly financial documents: (1) Attachment I- Request For Funds, (2) Attachment II-Detail Statement of Costs, and (3) Attachment III-Expenditures Worksheet. Payment by City to Contractor shall require completion of all City forms and copies of adequate supporting documentation verifying eligibility of expenses as well as, where applicable, eligibility of Program participants. Reimbursement for the payment of eligible expenses shall be made against the budget specified in Exhibit D-Program Operating Budget and in accordance with performance specified in Exhibit C-Program Services Schedule. City will not disburse funds for expenditures that occurred prior to the beginning date of the term of this Contract. c. Contractor agrees to utilize all disbursed HPRP Funds for the benefit of the Program. Contractor agrees that all funds will be expended in accordance with Exhibit D-Program Operating Budget. Contractor may not increase or decrease line-item amounts in the approved HPRP Funds portion of Exhibit D-Program Operating Budget without City's prior written approval. Budget revisions must be submitted one month prior to implementation but no revisions will be accepted by City after July 15, 2011. Any HPRP HPRP CONTRACT Rev.09.22.09 Cornerstone Assistance Network Page 3 Funds not used in accordance with the Recovery Act, any other applicable federal laws and regulations, and the terms of this Contract will be repaid to City. d. It is understood that the total cost for operation of this Program is $191,510.75 e. Contractor must expend sixty percent (60%) of the HPRP Funds granted hereunder by August 31, 2010. f. Contractor will ensure that HPRP Funds are not treated in any manner that would prevent City from readily identifying expenditures for operation of the Program. 3. Administrative Requirements and Program Management Standards a. Financial Management i. Accounting Standards Contractor agrees to comply with OMB Circular A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations", and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. ii. Cost Principles Contractor shall administer the Program in conformance with OMB Circular A-122, Cost Principles for Non-Profit Organizations" and attachments and revisions thereto, regarding principles for determining costs for the Program. b. Documentation and Record Keeping i. Requirement Contractor shall maintain all records pertinent to the activities to be funded under this Contract. In addition, Contractor agrees to keep records to fully document all expenditures charged to the Program, including records documenting the eligibility of Program participants as more particularly described herein. The documentation must support the amounts charged to the Program, the eligibility of the Program participants, and demonstrate that the expenditures were appropriate to the stated goals of the Program and allowable and/or eligible under applicable Federal, state and City guidelines, as specified in Exhibit B-Program Requirements. ii. Retention All records pertaining to Program, including but not limited to any books, documents, and papers, shall be retained for four (4) years following the termination of this Contract Contractor may destroy Program records at the end of this four (4) year period if no outstanding audit finding exists. This provision shall survive the termination or expiration of this Contract. iii. Closeouts Contractor's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to: making final payments, and determining the custodianship of records, and verification of compliance with all record retention requirements set forth herein. iv. Audits and Inspections (1) City, HUD, and the United States Comptroller General, or their respective representatives, shall have access for four (4) years following the termination of this Contract to any books, documents, records and papers relating to the HPRP CONTRACT' Rev.09.22.09 Cometstone Assistance Network Page 4 operations of Contractor under this Contract for the purpose of audit, examination, exception and transcription at all of Contractor's offices at all reasonable hours. This provision shall survive the termination or expiration of this Contract. (2) All non-federal entities that expend $500,000 or more in Federal funds within one (1) year, regardless of the source of the Federal award, must submit to City an annual audit prepared in accordance with 24 CFR Sections § 570.502-570.503 generally (known as a "Single Audit"), with specific reference to OMB Circulars (with attachments)A-122, "Cost Principles for Non-Profit Organizations", and A- 133, "Audits of States, Local Governments, and Non-Profit Organizations", as appropriate. The audit may cover either Contractor's fiscal year during which this Contract is in force or cover the period of this Contract. The audit must be prepared by an independent certified public accountant, be completed within nine (9) months following the end of the period being audited and be submitted to City within thirty (30) days of its completion. Contractor's audit certification is attached hereto as Exhibit E - Audit Certification Form. The Audit Certification Form must be submitted to City within sixty (60) days of the end of the period being audited (Contractor's fiscal year). Costs of preparation of this audit may be an allowable expenditure of HPRP Funds in an amount proportional to that of the HPRP Funds used in Contractor's total agency operating budget. Non-profit entities that expend less than $500,000 a year in Federal funds are exempt from Federal audit requirements for that year, but shall provide City with a copy of any other financial audit or audited financial statements prepared during the Contract term, and records must be available for review or audit by appropriate officials of the Federal agency, City, and General Accounting Office ("GAO"). (3) City reserves the right to perform an audit of Contractor's agency operations and finances at any time during the term of this Contract, if City determines that such audit is necessary for City's compliance with OMB Circular A-133. Contractor agrees to allow access to all relevant books, records and materials. If such audit reveals a questioned practice or expenditure, such questions must be resolved within thirty (30) days after notice to Contractor. If questions are not resolved within this period, City reserves the right to withhold further funding under this Contract and/or any other contract(s) with Contractor. (4) If as a result of any audit it is determined that Contractor has misused, misapplied or misappropriated all or any part of the HPRP Funds, Contractor agrees to reimburse the City the amount of such monies so misused, misapplied or misappropriated, plus the amount of any sanction, penalty or other charge levied against City because of such misuse, misapplication or misappropriation. (5) Contractor agrees that the City shall have access to any and all of Contractor's programmatic operations and financial information pertaining to the Program in order to monitor all activities performed by Contractor pursuant to this Contract to ensure that the Program requirements established by HUD and the City are being met. 4. Reporting Procedures HPRP CONTRACT Rev.09.22.09 Cornerstone Assistance Network Page 5 a. Financial Reports Contractor will submit to City on a monthly basis: (1)Attachment I-Request for Funds, (2) Attachment II-Detailed Statement of Costs, (3) Attachment III-Expenditures Worksheet, as applicable, for expenses incurred for services and activities accomplished by Contractor in performance of this Contract. Actual cash receipts for claimed expenditures must be provided at the time the request for funds is presented. The reports must be signed by a duly authorized agent of the Contractor and submitted by the 5th of the month following the month being reported. City is under no obligation to disburse funds for expenditures that occurred prior to the first day of the month for which the report is submitted. b. Progress Reports i. Contractor will submit to City on a monthly basis: (1) HMIS monthly report and (2) Attachment IV-Performance Report, The report will be signed by a duly authorized agent of Contractor and submitted by the 5th of the month following the month that is reported. City is under no obligation to disburse funds for expenditures that occurred prior to the beginning date of this Contract. ii. Contractor will submit to the City on a quarterly basis: (1) HMIS monthly report These quarterly reports shall be due on October 5; January 5, April 5, and July 5 of each calendar year this Contract is in effect. c. Procurement i. Compliance Contractor shall comply with City policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property, as defined by such policy, procured with funds provided under this Contract. ii. OMB Standards Contractor shall procure all materials, property, or services in accordance with the requirements of 24 CFR Part 84, Procurement Standards and Property Standards, as modified by 24 CFR Part 570.502(b)(6), covering utilization and disposal of property. d. Program Participant Records i. Contractor will keep or cause to be kept an accurate record of all actions taken and all HPRP Funds expended, with source documents, in performance of this Contract. Such records shall be kept for the time period mandated by the Federal laws and regulations and this Contract. ii. Contractor will obtain and keep on file and furnish to City on request the following information and/or documentation on each Program participant served by the Program demonstrating such participant's eligibility for services provided: a. Participant's name, address, annual income level or other basis for determining income eligibility, and family size of participant's household. b. Source documentation used for income verification shall be the same source documentation required under HUD's Section 8 program in 24 CFR Part 5, including but not limited to pay check stubs, food stamp award letters, income tax returns, SSI award letters, letters awarding unemployment benefits, W2s and the like. HPRP CONTRACr Rev.09.22.09 Cornerstone Assistance Network Page 6 c. Proof that evaluation and certification of the eligibility of Program participants receiving rental assistance has been performed once every three (3). d. City shall have the final determination, in its sole discretion, as to whether source documentation used for income verification is adequate and whether the proof of eligibility evaluation and certification is sufficient. iii. For any rental assistance granted by Contractor to a Program participant, documentation of the following requirements shall be maintained by Contractor: a. Rental assistance paid does not exceed actual rental cost. b. Rental cost is in compliance with HUD's standard of "rent reasonableness." "Rent reasonableness" means that the total rent charged for a unit must be reasonable in relation to the rents being charged during the same time period for comparable units in the private unassisted market and must not be in excess of rents being charged by the owner during the same time period for comparable non-luxury unassisted units. c. Rental assistance paid does not cover the same time period and is not for the same cost types that are being provided through another federal, state or local housing subsidy program. d. Habitability standards as required in the HUD Notice (as hereinafter defined) have been and are being met. iv. For HPRP Funds used to pay security deposits, including utility deposits, Contractor will document that the deposits do not cover the same cost types as another housing subsidy program. v. For HPRP Funds used for utility payments, Contractor shall document the following: a. HPRP Funds were used for no more than eighteen (18) months of utility payments, including up to six (6) months of utility payments in arrears; and b. The Program participant or a member of his/her household has an account in his/her name with a utility company or proof of responsibility to make utility payments, such as cancelled checks or receipts in his/her name from a utility company. vi. For HPRP Funds used for moving cost assistance, Contractor shall document that the HPRP Funds were used for reasonable moving costs, such as truck rental, hiring a moving company, or short-term storage fees for a maximum of three (3) months or until the Program participant is in housing, whichever is shorter. vii. For HPRP Funds used for motel and hotel vouchers, Contractor shall document that the voucher was for no more than thirty (30) days and that the voucher was reasonable and appropriate due to (1) the lack of appropriate, available shelter beds and (2) unavailable but identified rental housing for the Program participant. e. Contractor shall participate in a local Continuum of Care's Homeless Management Information System ("HMIS") to ensure that the Program meets the Federal goal that localities collect an array of unduplicated data on the number and characteristics of homeless persons. Continuums of Care are local bodies that plan for and coordinate homeless services. HUD's standards for participation in a local HMIS are set forth in the Federal Register, July 30, 2004. The local Continuum of Care is Fort Worth/Arlington/Tarrant County CoC (TX-601). Contractor shall submit documentation to the City for such participation on quarterly basis in the form of an HMIS quarterly report. HPRP CONTRACT Rev.09.22.09 Cometstone Assistance Network Page 7 5. Reversion of Assets a. All property purchased with HPRP Funds under this Contract will be used solely for operation of the Program. Contractor agrees to obtain City approval prior to purchase of property and Contractor agrees to notify City upon receipt of property so that it may be properly tagged and inventoried. Title to such property will be vested in City, and Contractor will deliver all such property to City for disposition at City's sole discretion at the termination of the Program. 6. Applicable Laws a. Federal Contractor agrees to comply with the following laws and the applicable regulations as they are currently written or are hereafter amended during performance of this Contract: • Title I of the Housing and Community Development Act of 1974 (42 USC 5301 et seq.) • The Recovery Act • HUD Notice of Allocations, Applications Procedures, and Requirements for Homelessness Prevention and Rapid Re-Housing Program Grantees under the American Recovery Reinvestment Act of 2009, FR-5307-N-1 ("HUD Notice") • Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC 4601 et seq.) and its related regulations at 49 CFR Part 24 • Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.) • Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq.) • Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR part 35, subparts A, B, M, and R • Uniform Administrative Requirements of 24 CFR part 85 • McKinney-Vento Homeless Assistance Act (42 USC 11302) • Executive Orders 11063, 11246, as amended by Executive Orders 11375 and 12086 and as supplemented by 41 CFR Part 60 • The Age Discrimination in Employment Act of 1967 (29 USC 62 1) • The Age Discrimination Act of 1975 (42 USC 6101 et seq.) • Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR Part 8 where applicable • The Americans with Disabilities Act of 1990 (42 USC 1210 1) • National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq. ("NEPA") and the related authorities listed 24 CFR Part 58 • The Clean Air Act, as amended (42 USC 7401 et seq.), the Clean Water Act of 1977, as amended (33 USC 1251 et seq.) and the related EPA regulations at 40 CFR Part 15, HPRP CONTRACT Rev.09.22.09 Cornerstone Assistance Network Page 8 as amended from time to time, and Executive Order 11738. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. • The Immigration Reform and Control Act of 1986 (8 USC 1101 et seq.), specifically including the provisions requiring employer verification of the legal status of its employees • The Housing and Community Development Act of 1987 (42 USC 5301 et seq.) • The Americans with Disabilities Act of 1990 (42 USC 12101 et seq.) • Drug Free Workplace Act of 1988 (41 USC 701 et seq.), 24 CFR Part 21, and 24 CFR Part 23, Subpart F • Regulations at 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons • Executive Order 12549 and 24 CFR Part 5.105 (c) pertaining to restrictions on participation by ineligible, debarred, or suspended persons or entities • Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act • Guidelines of the Environmental Protection Agency at 40 CFR Part 247 • Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94A 163, 89 Stat. 87 1) • For contracts and subgrants for construction or repair, Copeland "Anti-Kickback"Act (18 U.S.C. 874) as supplemented in 29 CFR Part 3 • For construction contracts in excess of$2,000 awarded by Contractor when required by Federal grant program legislation, Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented in 29 CFR Part 5 • For construction contracts awarded by Contractor in excess of$2,000, and in excess of$2,500 for other contracts which involve the employment of mechanics or laborers, Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327A 330) as supplemented by 29 CFR Part 5. b. Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 USC 1701u et seq.) and its related regulations at 24 CFR Part 135 If the work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3") requires that the following clause be inserted in all covered contracts ("Section 3 Clause"): "A.The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. HPRP CONTRACT Rev.09.22.09 Comecstone Assistance Network Page 9 B. The Parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the Parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b)." City and Contractor understand and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the Program, binding upon City and Contractor, and their respective successors, assigns and subcontractors. Failure to fulfill these requirements shall subject Contractor and its subcontractors, and their respective successors and assigns, to those sanctions specified by the Grant Agreement through which HPRP CONTRACT Rev.09.22.09 Cornerstone Assistance Network Page 10 Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. c. Other Laws Contractor covenants and agrees that its officers, members, agents, employees, Program participants and subcontractors shall abide by and comply with all other laws, Federal, state and local, relevant to the performance of this Contract, including all applicable City ordinances. Contractor further promises and agrees that it has read, and is familiar with, the terms and conditions of the HUD Notice and that it will fully comply with it. It is agreed and understood that, if City notifies Contractor of any such violation on the part of Contractor or any of its officers, members, agents, employees, Program participants or subcontractors, then Contractor shall immediately desist from and correct such violation. 7. Nondiscrimination a. Contractor will not unlawfully discriminate against any person or persons because of sex, race, religion, age, disability, color, national origin, or familial status, nor will Contractor permit its officers, members, agents, employees, subcontractors or Program participants to engage in such discrimination. b. Contractor covenants that neither it nor any of its officers, members, agents, employees, Program participants or subcontractors, while engaged in performing this Contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of bona fide occupational qualification, retirement plan or statutory requirement. c. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, Program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. d. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with Contractor, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable Federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. e. This Contract is made and entered into with reference specifically to the ordinances codified at Chapter 17,Article 111, Division 3 "Discrimination in Employment Practices", of the City Code, and Contractor hereby covenants and agrees that Contractor, its officers, members, agents, employees and subcontractors, have fully complied with all provisions of same and that no employee, employee-applicant or Program participant has HPRP CONTRACT Rev.09.22.09 Cornerstone Assistance Network Page 11 been discriminated against by the terms of such ordinances by either the Contractor or its officers, members, agents, employees or subcontractors. f. Contractor shall comply with all applicable fair housing and civil rights requirements in 24 CFR 5.105(a). Contractor shall make it known to the public that HPRP rental assistance and services are available to all on a nondiscriminatory basis and shall ensure that all citizens have equal access to information about HPRP and equal access to the financial assistance and services provided under the Program. Contractor has a duty to affirmatively further fair housing opportunities for classes protected under the Fair Housing Act, which protected classes include race, color, national origin, religion, sex, disability, and familial status. g. City shall not discriminate against Contractor on the basis of the organization's religious character or affiliation, if applicable. If Contractor is a religious organization, Contractor shall not engage in inherently religious activities as part of the Program, though Contractor may engage in such activities if they are offered separately, in time or location, from the Program, and participation must be voluntary for Program participants. Contractor, if it is a faith-based organization, may use space in its facilities to provide HPRP-funded services, without removing religious art, icons, scriptures, or other religious symbols. Contractor shall not, in providing Program assistance, discriminate against a Program participant or prospective Program participant on the basis of religion or religious belief. 8. Prohibition Against Interest a. No member, officer or employee of City or its designees or agents; no member of the governing body of the locality in which the Program is situated; and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to the Program funded hereunder during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. Contractor shall incorporate, or cause to be incorporated, like language prohibiting such interest in all contracts and subcontracts entered into in connection with the Program. b. No member, officer, employee, or Program participant of Contractor or its subcontractors shall have a financial interest, direct or indirect, in this Contract or the HPRP Funds transferred hereunder or be financially interested, directly or indirectly, in the sale to Contractor of any land, materials, supplies or services purchased with any HPRP Funds transferred hereunder, except on behalf of Contractor, as an officer, employee, member or Program participant. Any willful violation of this paragraph with the expressed or implied knowledge of Contractor or its subcontractors shall render this Contract voidable by City. 9. Minority and Women Business Enterprise Commitment Contractor agrees to abide by City's policy to involve Minority and Women Business Enterprises ("MWBEs") in all phases of its procurement practices and to provide them an equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and supplies and provision of other services required by HPRP CONTRACT Rev.09.22.09 Cornerstone Assistance Network Page 12 City. Contractor agrees to incorporate City Ordinance No. 15530, and all amendments or successor policies thereto, into all contracts and will further require all persons or entities with whom it contracts to comply with said MWBEs policy. 10. Non-Assignment No assignment or delegation of duties under this Contract by Contractor shall be effective without City's prior written approval. If City approves any such assignment or delegation of duties, Contractor shall ensure that all requirements of this Contract are enforced and maintained by any subcontractor or assignee by means of a currently executed written agreement covering the Contract term, a copy of which shall be made available to the City. 11. Independent Contractor a. Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Contractor shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, Program participants, licensees or invitees. The doctrine of respondeat superior shall not apply as between City and Contractor, its officers, members, agents, servants, employees, subcontractors, Program participants, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. It is expressly understood and agreed that no officer, member, agent, employee, subcontractor, licensee or invitee of the Contractor, nor any Program participant hereunder, is in the paid service of City and that City does not have the legal right to control the details of the tasks performed hereunder by Contractor, its officers, members, agents, employees, subcontractors, Program participants, licensees or invitees. b. City shall in no way nor under any circumstances be responsible for any property belonging to Contractor, its officers, members, agents, employees, subcontractors, Program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged; and Contractor hereby indemnifies and holds harmless City and its officers, agents, and employees from and against any and all claims or suits. 12. Indemnification, Insurance and Bonding a. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, HPRP CONTRACT Rev.09.22.09 Cornerstone Assistance Network Page 13 ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY; AND CONTRACTOR HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER HINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE OF THIS CONTRACT AND AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAMS DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. CONTRACTOR LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY,ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF CONTRACTOR, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY THE CITY'S SOLE OR CONCURRENT NEGLIGENCE. CONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO INCLUDE IN THEIR SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF THE CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. b. Contractor will maintain blanket fidelity coverage in the form of a bond in the amount of $191,510.75 to insure against loss from the fraud, theft or dishonesty of any of Contractor's officers, agents, trustees, directors or employees. The proceeds of such bond shall be used to reimburse City for any and all loss of HPRP Funds occasioned by such misconduct. To effectuate such reimbursement, such bond shall include a rider stating that reimbursement for any loss or losses thereunder shall be made directly to City for the uses and benefit of Contractor. HPRP CONTRACT Rev.09.22.09 Cornerstone Assistance Network Page 14 c. Contractor shall furnish certificates of insurance as proof that it has secured and paid for policies of workers' compensation, public liability and automobile liability insurance covering all risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this Contract. The amounts of such insurance shall not be less than the maximum liability that can be imposed on City under the laws of the State of Texas. Contractor understands and agrees that such insurance amounts may be revised upward at City's option and that Contractor shall revise such amounts within thirty(30) days following notice to Contractor of such requirements. d. Contractor will submit documentation to City that it has obtained insurance coverage and has executed bonds as required in this contract within thirty (30) days of the execution of this Contract and prior to payment of any monies hereunder. e. Any failure on part of the City to request certificate(s) of insurance shall not be construed as a waiver of such requirement or as a waiver of the insurance requirements themselves. Issuers of Contractor insurance policies shall be licensed to do business in the State of Texas by the Department of Insurance or be otherwise eligible and authorized to business in the State of Texas. Insurers shall be acceptable to City insofar as their financial strength and solvency and each such company shall have a current minimum A.M. Best Key Rating Guide rating of A: VII or other equivalent insurance industry standard rating unless otherwise approved by City. Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by City. f. Any local, federal or other regulatory insurance or bonding requirements for the Program that exceed those specified herein shall prevail. g. Contractor shall agree to require its subcontractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and, Contractor shall require its subcontractors to provide Contractor with certificate(s) of insurance documenting such coverage. Also, Contractor shall require its subcontractors to have City and Contractor endorsed as additional insured (as their interests may appear) on their respective insurance policies. Contractor shall require its subcontractors to maintain builders risk insurance at the limit of applicable project(s) costs when the value of materials involved exceeds $10,000 or at a different limit value limit as specified by City. 13. Waiver of Immunity If Contractor is a charitable or nonprofit organization and has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including death, to persons or property, Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or common law. 14. Remedies for Breach of Contract Upon identification of possible breaches of contract, and prior to exercising its termination rights under this Contract, City may elect to exercise any of the following administrative remedies: HPRP CONTRACT Rev.09.22.09 Comerstone Assistance Network Page 15 a. issuance of a warning letter indicating that further failure to comply with applicable requirements will result in serious sanction and giving Contractor a limited time to correct the deficiency; b. placing conditions upon award of future grants; c. directing Contractor to stop incurring costs until the deficiency is corrected and the correction is verified; d. requiring repayment of previously reimbursed grant funds; or e. reducing the amount of pending grant awards or disallowing future awards to Contractor. The City's election to exercise any, all, or none of the aforementioned administrative remedies does not act as a waiver of any of City's other rights or remedies under the law or this Contract for the enforcement of this Contract or the recovery of any damages relating to Contractor's actions or inactions relating to the Program, HPRP Funds, and/or this Contract. 15. Termination a. In addition to, and not in substitution for, other provisions of this Contract regarding the provision of public services with HPRP Funds, it is expressly understood and agreed by and between the Parties that this Contract is wholly conditioned upon the actual receipt by City of HPRP funds; that all monies distributed to Contractor hereunder shall be exclusively from Federal monies received under said grant and not from any other monies of City; and that if such funds under City's grant are not timely forthcoming, in whole or in part, City may, at its sole discretion, terminate this Contract and City shall not be liable for payment for any work or services performed by Contractor under or in connection with this Contract. b. City may terminate this Contract whenever such termination is determined to be in City's best interest, in event of Contractor's default, inability or failure to perform or to comply with any of the terms herein, or, for other good cause, subject to Section 14 above. c. HPRP Funds provided hereunder may not be used as collateral for loans to Contractor to defray of Contractor's operation expenses, and any attempted use of HPRP Funds for this purpose will result in termination of this Contract by City. d. Termination will be effected by written notice to Contractor, specifying the portions of the Contract affected and the effective date of termination. Upon Contractor's receipt of such termination notice, Contractor will: • Stop work under the Contract on the date and to the extent specified by City; • Cease expenditures for which reimbursement of HPRP Funds would be sought under this Contract, except as necessary for completion of the portions of the Contract not terminated; and • Terminate all orders and contracts to the extent that they relate to portions of the Contract being terminated. Contractor shall be reimbursed for valid, eligible expenditures for the Program made prior to the termination of this Contract. e. Contractor will return to City any unused HPRP Funds previously advanced by City under this Contract within thirty (30) days of the effective date of Contract termination. City will have no responsibility or liability for Contractor's expenditures or actions occurring after the effective date of Contract termination. HPRP CONTRACr Rev.09.22.09 Comerstone Assistance Network Page 16 15. Certification Regarding Lobbying a. The undersigned representative of Contractor hereby certifies, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. Contractor shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of Federal funds. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certificate is a prerequisite for making or entering into this Contract, imposed by 31 USC Section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. 16. Miscellaneous Provisions a. Contractor shall develop and implement procedures to ensure (1) the confidentiality of records pertaining to any individual provided with assistance; and (2) that the address or location of any assisted housing will not be made public, except to the extent that this prohibition contradicts the Texas Open Records Act. b. All terms of this Contract shall apply to any and all subcontractors of Contractor who are in any way paid with HPRP Funds or who perform any work in connection with Contractor's Program. c. The provisions of this Contract are severable, and, if for any reason a clause, sentence, paragraph or other part of this Contract shall be determined to be invalid by a court or Federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. d. City's failure to insist upon the performance of any term or provision of this Contract or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely upon any such term or right on any future occasion. e. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or nonperformance of this Contract, venue for action shall lie in Tarrant County, Texas. HPRP CONTRACT Rev.09.22.09 Cornerstone Assistance Network Page 17 f. This written instrument and the exhibits attached hereto, which are incorporated by reference and made a part of this Contract for all purposes, constitute the entire agreement between the Parties concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. Any amendments to the terms of this Contract must be in writing and must be approved by each Party. g. All notices required or permitted by this Contract must be in writing and are deemed delivered on the earlier of the date actually received or the third day following (i) deposit in a United States Postal Service post office or receptacle; (ii) with proper postage (certified mail, return receipt requested); and (iii) addressed to the other Party at the address set out in the preamble of this Contract or at such other address as the receiving Party designates by proper notice to the sending Party. h. None of the performance rendered under this Contract shall involve, and no portion of the HPRP Funds received hereunder shall be used, directly or indirectly, for the construction, operations, maintenance or administration of any sectarian or religious facility or activity, nor shall said performance rendered or funds received be utilized so as to benefit, directly or indirectly, any such sectarian or religious facility or activity. i. Contractor represents that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract and to perform the responsibilities herein required. j. Contractor certifies that it has obtained a 501 (c) (3) Certificate from the Internal Revenue Service. Contractor shall notify City in writing of any changes to its 501 (c) (3) tax-exempt status during the term of this Contract. k. In the event any copyright arises with respect to any data or other copyrightable work developed in the course of or under this Contract, Contractor shall notify City of the copyright and the copyright shall be assigned to City. 1. In the event a patentable invention is created as part of this Contract and a patent is obtained, Contractor shall notify City of the patent and the patent shall be assigned to City. [SIGNATURES APPEAR ON FOLLOWING PAGE] HPRP CONTRACr Rev.09.22.09 Cornerstone Assistance Netwo& Page 18 IN WITNESS WHEREOF, the Parties hereto have execute,Q four copies of this Co ract in Fort Worth, Tarrant County, Texas, this }-ti` day of , 20 01 CITY OF FORT WORTH Cornerstone Assistance Network By: By: T. M. Higgins Roddy Youree RV Assistant City Manager Chief Op,9'ratin fficer APPROVED AS TO FORM AND LEGALITY: ity Attorney ATTEST: Con.tr ct Authori.zatxo>� City Secreta Date STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on , 2009 by T. M. Higgins, the Assistant City Manager of the City of Foiff Worth, on behalf of the City of Fort Worth. .Nw.► Nyp MARIA S.SANCHEZ _ ^ NOTARY PUBLIC No r Public STATE OF TEXAS y , State of Texas OF t�� My Comm.Exp.12-14-2009 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on v 2009 by Roddy Youree the Chief Operating Officer of Cornerstone As stance Network, a Texas non- profit corporation, on behalf of said corporation. DONNA li �,lgt r•: w HPRP CONTRACT Cornerstone Assistance Network ^� 19 4 Contractor:Cornerstone Assistance Network EXHIBIT A Homelessness Prvention and Rapid Re-Housing Program SCOPE OF SERVICES Scope of Services Homelessness Prevention and Rapid Re-Housing Program (HPRP) September 1, 2009 — August 31, 2011 $191,510.75 CONTRACT NO. PERIOD AMOUNT SCOPE OF SERVICES This Scope of Services is based on the proposal prepared and submitted by the Contractor through the City's Request for Proposal process. The Contractor is acting as a Subrecipient and agrees to operate this Homelessness Prevention and Rapid Re-Housing ("HPRP")program in a manner consistent with the program delivery stated in its approved proposal. However, in the event of any conflict between the proposal and any provision contained herein, this Contract shall control. Program will include the following tasks and activities: Prevention Prevention 1. To provide homelessness prevention assistance to households who would otherwise become homeless- many due to the economic crisis. 2. Eligible households are defined as individuals and families who are currently in housing but are at risk of becoming homeless and need temporary rent or utility assistance to prevent them from becoming homeless or assistance to move to another unit. All services will be provided at 3500 Noble Avenue Fort Worth, TX 76111 from the time of 9am to 3pm on Monday, Wednesday and Friday. The specific objectives, goals and level of services to be provided are listed below along with the geographical location of clients served. All services will be provided from September 1, 2009 to August 31, 2011. The HPRP Funds will be used to pay for financial assistance, housing relocation and stabilization, data entry and administrative activities which are consistent with Exhibit C-Program Operating Budget. REGULATORY CLASSIFICATION: Regulatory Citation: FR-5307-N-01 Prevention (X) Rapid Re-Housing (-) Data and Evaluation (X) Administration (X) Based on the nature of the service provided, Contractor will maintain documentation that verifies that all clients served by the Contractor are income eligible; documentation for showing homelessness or at risk of homelessness must also be provided. Each client file should have the necessary supporting documentation specified in the Contract and in Exhibit B-Program Requirements. GEOGRAPHICAL LOCATION: Site Address: Contractor: Cornerstone Exhibit A Page 1 of 3 Client Beneficiary Location (Neighborhood, District, Citywide...): City of Fort Worth PROGRAM GOALS: Cornerstone will serve 120 households over the next two years and will hire a 20 hr/wk part-time employee. 732 units of service will be provided. PROGRAM OBJECTIVES: Cornerstone will be providing short term rent assistance. Program participants will be limited to three months of rental assistance and three months of utility assistance. They also will be provided intensive case management that will include budgeting,job search assistance, and goal setting. Limited deposit assistance will be available to those having to relocate. PROGRAM SERVICES and ACTIVITIES Total Units of Services for Year Level of service should be identified in a quantifiable unit and directly related to specified objectives. These activities should be consistent with activities listed on Exhibit D-Program Services Schedule. Activities should also be consistent with those required by IDIS. Total Total Units of Units of Services Services 2009-2010 2010- Activity 2011 Financial Assistance Number of unduplicated clients receiving financial assistance 20 20 Number of clients receiving financial assistance 60 60 Number of months of rental assistance provided to total population 60 60 Number of down deposits/housing deposits/housing made for total population 0 0 Number of security deposits made for total population 5 5 Number of months of utility payments provided to total population 60 60 Number of down deposits/utility deposits/utility made for total population 5 5 Total number of clients provided with moving costs assistance. 0 0 Total number of clients provided with hotel/motel vouchers 0 0 Housin Relocation and Stabilization Number of clients receiving housing relocation and stabilization services 0 0 Number of units of case management provided to total client population 60 60 Number of units for outreach and engagement 0 0 Number of units for housing search and placement 5 5 Contractor: Cornerstone Exhibit A Page 2 of 3 Number of units for legal services 0 0 Number of units for credit repair 0 0 Contractor: Cornerstone Exhibit A Page 3 of 3 Contractor: Conerstone Assistance Exhibit B Network Homelessnes Prevention and Rapid Re- Program Requirements Housing September 1, 2009 — August 31, 2011 $1915510.75 CONTRACT NO. PERIOD AMOUNT Requirements for All Program Participants 1. Any individual or family provided with financial assistance through HPRP must have at least an initial consultation with a case manager or other authorized representative who can determine the appropriate type of assistance to meet their needs; 2. The household must be at or below fifty (50%) AMI; 3. The household must be either homeless or at risk of losing its housing and meet both of the following circumstances; (1) no appropriate subsequent housing option have been identified; AND (2) the household lacks the financial resources and support networks needed to obtain immediate housing or remain in its existing housing. Prevention 1. To provide homelessness prevention assistance to households who would otherwise become homeless-many due to the economic crisis. 2. Eligible households are defined as individuals and families who are currently in housing but are at risk of becoming homeless and need temporary rent or utility assistance to prevent them from becoming homeless or assistance to move to another unit. 3. Eligible Activities: a. Financial Assistance: i. Short-term rental assistance for a period of up to 3 months. Tenant- based rental assistance can be used to allow individuals and families to remain in their existing rental units or to help them obtain and remain in rental units they select. ii. Medium-term rental assistance for a period of 4-18 months. Up to 6 months of rental arrears may be paid for program participants if the payment enables the program participant to remain in the housing unit for which the arrears are being paid or move to another unit. iii. Security deposits. iv. Utility deposits. V. Utility payments. Contractor: Cornerstone Assistance Network Exhibit B Page 3 of 4 vi. Moving cost assistance. vii. Motel and hotel vouchers b. Stabilization Services: i. Case management: arrangement, coordination, monitoring, and delivery of services related to meeting the housing needs of program participants and helping them obtain housing stability. Activities may include: counseling; developing, securing, and coordinating services; monitoring and evaluating program participant progress; assuring that program participants' rights are protected; and developing an individualized housing and service plan, including a path to permanent housing stability subsequent to HPRP financial assistance. ii. Outreach and engagement: designed to publicize the availability of programs to make persons who are homeless or almost homeless aware of these and other available services and programs. iii. Housing search and placement: services or activities designed to assist individuals or families in locating, obtaining, and retaining suitable housing. Activities may include: tenant counseling; assisting individuals and families to understand leases; securing utilities; making moving arrangements; representative payee services concerning rent and utilities; and mediation and outreach to property owners related to locating or retaining housing. iv. Legal services: services to help people stay in their homes, such as services or activities provided by a lawyer or other person under the supervision of a lawyer to assist program participants with legal advice and representation in administrative or court proceedings related to tenant/landlord matters or housing issues. v. Credit repair: services that are targeted to assist program participants with critical skills related to household budgeting, money management, accessing a free personal credit report, and resolving personal credit issues. c. Data Reporting: i. Purchase of HMIS software and/or licenses; ii. Leasing or purchasing needed computer equipment for providers and the central server; iii. Costs associated with data collection; iv. Entry and analysis; and v. Staffing associated with the operation of the HMIS, including training. d. Administrative Costs: i. Accounting for the use of grant funds; ii. Preparing reports for submission to HUD; iii. Obtaining program audits; iv. Similar costs related to administering the grant after the award; and v. Staff salaries associated with administrative costs. Contractor: Cornerstone Assistance Network Exhibit B Page 3 of 4 Additional Responsibilities of Agency: 1. No program participant may receive more than 18 months of assistance under HPRP. 2. To determine Area Median Income, agency will use HUD's Section 8 income eligibility standards for HPRP. 3. Agency must certify eligibility at least once every 3 months for all program participants receiving medium-term rental assistance. 4. All program participants must be encouraged to participate in case management provided by the agency. 5. Agency must not make payments directly to program participants, but only to third parties, such as landlords or utility companies. 6. An assisted property may not be owned by the agency or the parent, subsidiary or affiliated organization of the agency. 7. Agency determines the amount of short-term and medium-term rental assistance provided, such as "shallow subsidies" (payment of a portion of the rent), payment of 100% of the rent charged, or graduated/declining subsidies. This determination process should be documented and consistently applied. 8. Agency may set a maximum amount of assistance that is more stringent than HPRP federal guidelines (ex. Maximum of 6 months of assistance instead of 18 months.) 9. Agency may require program participants to share in the costs of rent, utilities, security and utility deposits, moving, hotel or motel, and other expenses as a condition of receiving HPRP financial assistance. Written procedures must document determination process. 10. If HPRP funds are used to pay rental arrears, arrears must be included in determining the total period of the program participant's rental assistance, which may not exceed 18 months. 11. Rental assistance paid cannot exceed the actual rental costs, which must be in compliance with HUD's standard of"rent reasonableness,"which means that the total charged for a unit must be in relation to the rents being charged during the same time period for comparable units in the private unassisted market and must not be in excess of rents being charged by the owner during the same period of time for comparable non-luxury unassisted units. Current Fair Market Rent and Utility Allowances must be used. 12. Rental assistance payments cannot be made on behalf of eligible individuals or families for the same period of time and for the same costs types that are being provided through another federal, state or local housing subsidy. 13. Security and utility deposits covering the same period of time in which assistance is being provided through another housing subsidy program are eligible, as long they cover separate cost types. 14. HPRP funds may be used for up to 18 months of utility payments, including up to 6 months of utility payments in arrears, for each program participant, provided that the program participant or a member of his/her household has an account in his/her name with a utility company or proof of responsibility to make utility payments, such as cancelled checks or receipts in his/her name from a utility company. Contractor: Cornerstone Assistance Network Exhibit B Page 3 of 4 r 15. HPRP funds may be used for reasonable moving costs, such as truck rental, hiring a moving company, or short-term storage fees for a maximum of 3 months or until the program participant is in housing, whichever is shorter. 16. HPRP funds may be used for reasonable and appropriate motel and hotel vouchers for up to 30 days if no appropriate shelter beds are available and subsequent rental housing has been identified but is not immediately available for move-in by the program participants. 17. Legal services related to mortgages are not eligible. 18. Administrative costs do not include the costs of issuing financial assistance, providing housing relocation and stabilization services, or carrying out eligible data collection and evaluation activities. 19. Agency shall submit monthly HMIS reports to the City of Fort Worth no later than the 5th day after the reporting month. Contractor: Cornerstone Assistance Network Exhibit B Page 3 of 4 • r. 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CL 0 0 0 : o 0 � v CL o 0 D A 0 4 C m x w Q o - -" o Ln / \ 00 -- 0 QEI 0 iCDCD ms � ® E m 0o / > E � , = � \ & � / g - r - - \ = ` ¥ 77 ? » / � / \ mx « § 2 ` ® ( E ) ( ƒ ) 0 9 < \ \ \ \ ° \ § = 0 0 f f \ \ c \ \ \ k \ \ { / k / a / _ < 0 ° 0 c / q -n A s ) E o p o M \ \ § g 7 § 7 § 7 § \ \ / m 0 m R § > ® f \ ® § < § ic 0 ? / K 0 § 0 2 I \ k \ \ 0 \ § 3 0 a § § / o k o w x o f a o 0 O D o r r � m OT Q v T z o m m N T m m x p z _ n m m z z m m z -i D D X O D r C7 S D ;IJ O m O T T_ (7 m m A c n 3 = m G CD m o z -� o r- S En D K O c z m x o_ LT cn o EXHIBIT E CITY OF FORT WORTH HOUSING AND ECONOMIC DEVELOPMENT Audit Certification Form Contractor: Fiscal Year Ending: ❑ We have exceeded the federal expenditure threshold of $500,000. We will have our Single Audit or Program Specific Audit completed and will submit the A-133 audit report within nine (9) months after the end of the audited fiscal year. ❑ We did not exceed the $500,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill out schedule below) Must be filled out if Single Audit or Program Audit is not required: Federal Expenditure Disclosure Federal Funds Pass Through Program Name& Contract Federal Grantor Grantor CFDA Number Number Expenditures Total Federal Expenditures for this Fiscal Year $ Printed Name Title(Must be CFO,CEO or equivalent) Authorized Signature(Must be CFO,CEO or equivalent) Phone Number Date Failure to submit this or a similar statement or failure to submit a completed single audit package as described in the federally required audit requirements described in OMB Circulars A- 133 by the required due date will result in suspension of funding and will affect eligibility for future funding. Notwithstanding the above, this certification acknowledges the agency's commitment to meet all other financial reporting, financial statements, and other audit requirements as may be set forth in the contract. Submit this form to the City of Fort Worth within 60 days after the end of your Fiscal year Cornerstone Assistance Network EXHIBIT F Homelessness Prevention and Rapid Re-Housing CONFLICT OF INTEREST All Applicants The standards in OMB Circular A-110, Subpart C,provide that no employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by Federal funds if real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selection for an award. IF NO CONFLICTS EXIST, COMPLETE THE FOLLOWING: I certify that no conflict of interest exists between The City of Fort Worth and _Cornerstone Assistance Network (Name of Organization) I certify that no conflict of interest exists between the subcontractors of and _Cornerstone Assistance Network (Name of Organization) IF THERE IS A CONFLICT, COMPLETE THE FOLLOWING: I certify that a conflict of interest does exist between The City of Fort Worth and (Name of Organization) I certify that a conflict of interest does exist between and (Name of subcontractor) (Name of Organization) Describe the nature of the conflict of interest below: (Please identify the individual,employment,and the conflict or potential conflict[their affiliation with your organization]) Aev Sign a of Aut ed Agency Official ate Roddy Youre ,Chief Operating Officer f , Attachment I CITY OF FORT WORTH HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT COMPLIANCE DIVISION REQUEST FOR FUNDS HPRP 2009-2011 AGENCY: PROGRAM: HPRP ADDRESS: CONTRACT NUMBER: CONTRACT AMOUNT: CONTRACT DATE: 9/1/2009 DATE OF REQUEST: IDIS NUMBER: SECTION I(AGENCY) CURRENT MONTH CUMULATIVE 1. Reimbursement Request A. Rapid Re-Housing Expenditures: $ $ S. Prevention Expenditures: $ $ C. Data and Evaluation Expenditures: $ $ D. Administration Expenditures: $ $ E. Total Reimbursement: $0.00 $0.00 2. Requested By: A. Agency (Name) (Signature) (Date) SECTION II(CITY) 1. BUYSPEED-Purchasing Request A.BUYSPEED INPUT:Vendor/PO Number/Requisition Number: B. Fund/Account/Center: Rapid Re-Housing Prevention Data&Evaluation Administration C.Total Amount of this Request: $0.00 SECTION III(CITY) 1. Verification A. Contract Compliance Specialist Charletra Hurt (Name) (Signature) (Date) B. Accounting (Name) (Signature) (Date) 2.Authorization A. Grants Manager Barbara Asbury (Name) (Signature) (Date) B.Director Jesus"Jay"Chapa (Name) (Signature) (Date) Distribution: 1 Copy-Accounting 1 Copy-Compliance Note:Any Request for Funds that exceed$8500 require the signature of both Grants Manager/Designee and Director CITY OF FORT WORTH ATTACHMENTII HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT COMPLIANCE DIVISION DETAILED STATEMENT OF COSTS HPRP RAPID RE-HOUSING AGENCY CONTRACT NO. DATE TO PROGRAM REPORT PERIOD PROGRAM MONTHLY CUMULATIVE COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE ADM INISTRATIVE EXPENSES Salaries 516 010 FICA 518 010 Life Insurance 518 050 Health Insurance 518 060 Disability Insurance 518040 Unemployment 518090 Legal and Accounting 538050 Office Supplies 521010 Postage 521020 Telephone 535040 ADM/NISTRATJVE EXPENSES SUB-TOTAL ADMINISTRAT IVE EXPENSES PERCENT OF TOTAL COST = STAB/LIZAT/ON SERVICES Salaries 516 010 FICA 518 010 Life Insurance 518 050 Health Insurance 518 060 Disability Insurance 508070 Unemployment-State 535 020 Other(Specify) 535 030 Electric/Gas/Water/Utilities 537 010 Rent (Building) 539 220 Office Equipment Rental 537 030 Printing 533 030 Repairs 536 010 Postage 538 210 Building Maintenance 534 020 Office Supplies 538 050 Telephone 532 130 Corporate Insurance 534020 Private Auto Allowance 532130 Conference&Seminars 539120 TOTAL SUPPORT SERVICES FINANCIAL ASSISTANCE F SHORT-TERM ASSISTANCE 539120 MEDIUM TERM RENTAL ASSISTANCE 539120 TOTAL RENTAL SERVICES TOTAL Contractors Certification: I certify that the costs incurred are taken from the books of account and that such costs are valid and consistent with the terms of the agreement. NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE CITY OF FORT WORTH ATTACHMENTIIa HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT COMPLIANCE DIVISION DETAILED STATEMENT OF COSTS HPRP PREVENTION AGENCY CONTRACT NO. DATE TO PROGRAM REPORT PERIOD PROGRAM MONTHLY CUMULATIVE COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE ADM/N/STRAT/VE EXPENSES Salaries 516 010 FICA 518 010 Life Insurance 518 050 Health Insurance 518 060 Disability Insurance 518040 Unemployment 518090 Legal and Accounting 538050 Office Supplies 521010 Postage 521020 Telephone 535040 ADMINISTRATIVE EXPENSES SUB-TOTAL ADM/NISTRATIVE EXPENSES PERCENT OF TOTAL COST= STABILIZATION SERVICES Salaries 516 010 FICA 518 010 Life Insurance 518 050 Health Insurance 518 060 Disability Insurance 508070 Unemployment-State 535 020 Other(Specify) 535 030 Electric/Gas/Water/Utilities 537 010 Rent (Building) 539 220 Office Equipment Rental 537 030 Printing 533 030 Repairs 536 010 Postage 538 210 Building Maintenance 534 020 Office Supplies 538 050 Telephone 532 130 Corporate Insurance 534020 Private Auto Allowance 532130 Conference&Seminars 539120 TOTAL SUPPORT SERVICES FINANCIAL ASSISTANCE SHORT-TERMASSISTANCE 539120 MEDIUM-TERM RENTAL ASSISTANCE 539120 TOTAL RENTAL SERVICES TOTAL Contractors Certification: I certify that the costs incurred are taken from the books of account and that such costs are valid and consistent with the terms of the agreement. NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE Attachment III CITY OF FORT WORTH HOUSING&ECONOMIC DEVELOPMENT DEPARTMENT COMPLIANCE DIVISION EXPENDITURES WORKSHEET Date Agency To Program Report Period NO J DATE CHECK NO PAYEE DESCRIPTION ACCOUNT NO. AMOUNT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 TOTAL $0.00 TITLE OF AUTHORIZED OFFICER SIGNATURE AND DATE Attachment I CITY OF FORT WORTH HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT COMPLIANCE DIVISION REQUEST FOR FUNDS HPRP 2009-2011 AGENCY: PROGRAM: HPRP ADDRESS: CONTRACT NUMBER: CONTRACT AMOUNT: CONTRACT DATE: 9/1/2009 DATE OF REQUEST: IDIS NUMBER: SECTION I(AGENCY) CURRENT MONTH CUMULATIVE 1. Reimbursement Request A. Rapid Re-Housing Expenditures: $ $ B. Prevention Expenditures: $ $ C. Data and Evaluation Expenditures: $ $ D. Administration Expenditures: $ $ E. Total Reimbursement: $0.00 $0.00 2. Requested By: A. Agency (Name) (Signature) (Date) SECTION II (CITY) 1. BUYSPEED-Purchasing Request A.BUYSPEED INPUT:Vendor/PO Number/Requisition Number: B. Fund/Account/Center: Rapid Re-Housing Prevention Data&Evaluation Administration C.Total Amount of this Request: $0.00 SECTION III (CITY) 1. Verification A. Contract Compliance Specialist Charletra Hurt (Name) (Signature) (Date) B. Accounting (Name) (Signature) (Date) 2.Authorization A. Grants Manager Barbara Asbury (Name) (Signature) (Date) B.Director Jesus"Jay"Chapa (Name) (Signature) (Date) Distribution: 1 Copy-Accounting 1 Copy-Compliance Note:Any Request for Funds that exceed$8500 require the signature of both Grants Manager/Designee and Director CITY OF FORT WORTH ATTACHMENT II HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT COMPLIANCE DIVISION DETAILED STATEMENT OF COSTS HPRP RAPID RE-HOUSING AGENCY CONTRACT NO. DATE TO PROGRAM REPORT PERIOD PROGRAM MONTHLY CUMULATIVE COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE ADM INISTRATIVE EXPENSES Salaries 516 010 FICA 518 010 Life Insurance 516050 Health Insurance 516060 Disability Insurance 518040 Unemployment 516090 Legal and Accounting 536050 Office Supplies 521010 Postage 521020 Telephone 535040 ADMINISTRATIVE EXPENSES SUB-TOTAL ADMINISTRATIVE EXPENSES PERCENT OF TOTAL COST = STABILIZATION SERVICES Salaries 516 010 FICA 518 010 Life Insurance 516050 Health Insurance 516060 Disability Insurance 508070 Unemployment-State 535 020 Other(Specify) 535 030 Electric/Gas/Water/Utilities 537 010 Rent (Building) 539 220 Office Equipment Rental 537 030 Printing 533 030 Repairs 536 010 Postage 538 210 Building Maintenance 534 020 Office Supplies 536 050 Telephone 532 130 Corporate Insurance 534020 Private Auto Allowance 532130 Conference &Seminars 539120 TOTAL SUPPORT SERVICES 77 7 FINANCIAL ASSISTANCE SHORT-TERM ASSISTANCE ::. 539120. MEDIUM-TERM RENTAL ASSISTANCE 539120 TOTAL RENTAL SERVICES TOTAL Contractors Certification: I certify that the costs incurred are taken from the books of account and that such costs are valid and consistent with the terms of the agreement. NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE CITY OF FORT WORTH ATTACHMENT Ila HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT COMPLIANCE DIVISION DETAILED STATEMENT OF COSTS HPRP PREVENTION AGENCY CONTRACT N0. DATE TO PROGRAM REPORT PERIOD PROGRAM MONTHLY CUMULA7IVE COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE ADMINISTRATIVE EXPENSES Salaries 516 010 FICA 518 010 Life Insurance 518 050 Health Insurance 518 060 Disability Insurance 518040 Unemployment 518090 Legal and Accounting 538050 Office Supplies 521010 Posta e 521020 Telephone 535040 ADMINISTRATIVE EXPENSES SUB-TOTAL ADMINISTRATIVE EXPENSES PERCENT OF TOTAL COST = STABILIZATION SERVICES Salaries 516 010 FICA 518 010 Life Insurance 518 050 Health Insurance 518 060 Disability Insurance 508070 Unemployment-State 535 020 Other(Specify) 535 030 Electric/Gas/Water/Utilities 537 010 Rent (Building) 539 220 Office Equipment Rental 537 030 Printinq 533 030 Repairs 536 010 Postage 538 210 Building Maintenance 534 020 Office Supplies 538 050 Telephone 532 130 Corporate Insurance 534020 Private Auto Allowance 532130 Conference &Seminars 539120 TOTAL SUPPORT SERVICES FINANCIAL ASSISTANCE SHORT-TERM ASSISTANCE 539120 - MEDIUM-TERM RENTAL ASSISTANCE 539120 TOTAL RENTAL SERVICES TOTAL Contractors Certification: I certify that the costs incurred are taken from the books of account and that such costs are valid and consistent with the terms of the agreement. NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE Attachment III CITY OF FORT WORTH HOUSING&ECONOMIC DEVELOPMENT DEPARTMENT COMPLIANCE DIVISION EXPENDITURES WORKSHEET Agency Date To Program Report Period NO DATE CHECK NO PAYEE DESCRIPTION ACCOUNT NO. AMOUNT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 TOTAL $0.00 TITLE OF AUTHORIZED OFFICER SIGNATURE AND DATE City of Fort Worth Attachment V Housing and Economic Development Compliance Division HOPWA 2009-2010 Homelessness Prevention and Rapid Re-Housing Agency/Address 2. Program Name: 3. Contract No: Contract Date: September 1, 200 Contract Amount: 4. Date of Request: Month &Year 5. PROGRAM SERVICES AND ACTIVITIES: CURRENT CUMULATIVE "Goals listed on Contract Exhibits Ashould be listed here. 6. SCOPE OF WORK NARRATIVE: 7. PROBLEMS ENCOUNTERED/SOLUTIONS PROPOSED: 8. ANTICIPATED ACTIVITY DURING THE NEXT MONTH: Certification: The undersigned,hereby,gives assurance that to the best of my knowledge and belief,the data included in this report is true and accurate. It is also acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal, state,and local law. Date: Submitted By: Phone No. Signature Required \ ) 2k j \) ° � _ ® K \ vi | ) � ƒ 2 = ) < _ ) a. cn _ cl: U) IL /2 - �\ k \ 0 �__ « ® [ 4 75 � ; a. E � o3NJf 3J ) ZQ) k a LD LU E E 5 7 / 7 u — \0 \ \ 0 \ 2 ± , - LL Q \ � J / § / 0 2 { i g \ E \ S x \ \ .. ° LU - & k � 7 c \ � � E E) k � \ k E - 6 } d \ D 0 2 S E < \\ ° \ < ¥ # ) \ k § \ z @ § CL \ _ � { ) z c \k ] » ( ) } / qt / - � ; W « k ) W uj & § _ S e f ! e \ _ t \ ) Z ) Cc a) L # U- ■ & ) { ui 0 3 2 2 \ 0 � k G _ \ k - k 7 c 2 - E % - z 2 { _ d ) { ( / Z \ {j 3 Z-